October 1, 2013 is the day that employers covered by the Fair Labor Standards Act (“FLSA”) should provide its employees with notice about the Affordable Care Act’s new Health Insurance Marketplace.

Your business is covered under the FLSA if it is an enterprise with at least two employees doing at least $500,000 a year in business, and/or your individual employees are engaged in interstate commerce. Almost every business and employee in the United States is covered by the FLSA.

The Department of Labor has stated that, although there are no fines or penalties for not providing notice, the notice should inform employees (1) about the Health Insurance Marketplace; (2) that, depending on their income and what coverage may be offered by the employer, they may be able to obtain lower cost private insurance in the Marketplace; and (3) if they buy insurance through the Marketplace, they may lose the employer contribution (if any) to their health benefits.

The U.S. Department of Labor has two model notices to help employers comply. They can be found here: http://www.dol.gov/ebsa/faqs/faq-noticeofcoverageoptions.html